Excerpt: ...intends to Deny the motion to stay. The moving party has not made a compelling argument that a stay is warranted. A stay of proceedings is an equitable remedy, the issuance of which rests in the Court's discretion. (See, e.g., Webster v. Sup. Ct. (1988) 46 Cal.3d 338, 345.) "Trial courts generally have the inherent power to stay proceedings in the interests of justice and to promote judicial efficiency." (Freiberg v. City of Mission V...

Excerpt: ...on for Judgment Not Withstanding the Verdict, 02/01/2018 stolo The Court intends to DENY the motion for judgment notwithstanding the verdict. The motion was not timely made. The notice of motion was served on plaintiffs' counsel more than 15 days after notice of entry of judgment was served on moving parties. Regardless, the motion cannot be granted as to defendant MOGA because that party is a corporation which must be represented by an attor...

Excerpt: ...her, 02/02/2018 stolo Petitioner appears to meet the definition of a newspaper of general circulation. However, a few things have technically deviated from the statutory requirements. First, technically the court should not have set the hearing on the petition until after proof of publication was submitted to the court. Gov. Code §6022. [This seems a little odd since publication is normally meant to give notice of the hearing and it also seems i...

Excerpt: ...o The Court intends to rule on the motion to compel further responses to requests for production as follows: RFP 3: GRANT in part. Plaintiff's response is defective. However, the response refers to a witness statement taken by his investigator and that is entitled to at least qualified privilege. It was defendant's burden to show that denial of its request will unfairly prejudice it or will result in an injustice. Since defendant did not ...

Excerpt: ...t aside default. The motion is, in essence, a renewal motion to an identical motion heard on 12/29/17 and denied. The present motion does not comply with CCP 1008. It is not made under Section 1008, and accordingly, there is no affidavit showing what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown. Defendant also does not provide...

Excerpt: ...to rule as follows: The Court intends to Grant the motion to compel answers to deposition questions, in part. Initially, the Court notes that the motion is untimely per CCP § 2025.480. However, a timely opposition has been filed which does not address this issue. As such, this motion will be considered on the merits. Plaintiffs' Motion for Order Compelling Answers to Deposition Questions is GRANTED IN PART. CCP § 2025.480. The burden is on ...

Excerpt: ...llegations that defendants failed to advise her to consult with independent counsel and her requests for punitive damages. The Court intends to DENY the remainder of the motion to strike. Defendants' reliance on Loube v. Loube (1998) 64 Cal.App.4th 421, is misplaced. Here, plaintiff is not seeking damages that exceed the actual damages she incurred. Plaintiff and Edward entered into a stipulated judgment whereby plaintiff was to receive the b...

Excerpt: ...to the joinder by Defendant Mueller, the Court intends to Overrule the motion for joinder. Mueller had no legal argument in his support of joinder. He does not stand in the same position as the moving Defendants who are prior owner/employers of Mueller and Cortez. Mueller and Cortez were still employees of the new owners when the incident occurred. As to the demurrer, the Court intends to sustain the demurrer of the moving Defendants to the third...

Excerpt: ... Grant Plaintiff's Motion for Relief from Jury Payment Deadline. CCP §631(g). Both parties' actions throughout the litigation establish that they proceeded with the understanding that the case would be heard by a jury. Defendant has failed to show prejudice. The Court intends to Deny Plaintiff's Motion for Leave to File Second Amended Complaint. Plaintiff's counsel's actions are extraordinarily untimely. Plaintiff's couns...

Excerpt: ...he Court intends to rule as follows: Sustain Defendants CarMax Auto Superstores West Coast, Inc.'s ("CarMax Auto West Coast") and CarMax Business Services, LLC's ("CBS") evidentiary objections to Plaintiff Ariana Mora's evidence submitted in opposition to Defendants' motion as to Objection No. 1. Overrule Defendants' remaining Objections to Plaintiff's evidence. Find, for the purposes of this motion only, t...

Excerpt: ...uest for judicial notice is GRANTED. Porat's demurrer for uncertainty is OVERRULED. Porat's demurrer for failure to state a claim to each cause of action in the FAXC is SUSTAINED WITH LEAVE TO AMEND. Cross‐Complainants cannot state a claim against Porat based on his alleged ownership or status of a buyer of the property because the grant deed shows that the allegation is false. The courts will not close their eyes to situations where th...

Excerpt: ...ntends to Grant RJN of moving party. (Ev. Code § 452.) The Court intends to Grant the motion of defendant Carmax Auto Superstores West Coast, Inc. to strike plaintiff Ariana Mora's Amendment to Complaint – Incorrect Name in its entirety as irrelevant, improper, false and contrary to law. (CCP §§ 435, 436.) CCP 474 provides: § 474. Defendant designated by fictitious name; amendment; requirements for default judgment; notice to person ser...

Excerpt: ...ther, 01/17/2018 stolo The Court intends to Grant the motion to conduct discovery of defendant's assets. Initially, the court notes that the evidentiary objections filed by Defendant are overruled in their entirety. Plaintiffs have established a 'substantial probability' of prevailing on a claim for punitive damages. The disclosure of the financial condition is limited to Plaintiffs' attorney only. "Even if discovery is ordere...

Excerpt: ...by the statute of limitations at CCP § 340.5 and plaintiff has not plead around the bar. The Court intends to Deny leave to amend unless plaintiffs can demonstrate how she can amend. Discussion: Demurrer is only appropriate where the grounds for objection appear on the face of the complaint or from any matter of which the court is required to or may take judicial notice. CCP § 430.30(a). For the purpose of a demurrer, the court must treat all p...

Excerpt: ...Grant Defendant's motion to set aside default and default judgment. The Court intends to order the Defendant to file and serve his answer. Discussion: CCP Section 473.5: When service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action, he or she may serve and file a notice of motion to set aside the default or default judgmen...

Excerpt: ..." to accept the court's explanation for its ruling. (Murray dec., ¶ 3). At the hearing, the court "inquired of Mr. Maciejewski if he had any evidence or could make any other allegations that would provide the Court with a reason to give him leave to amend. [], he admitted he could not." (Murray dec., ¶ 6). Leave to amend was denied on 8/31/17. It appears that plaintiffs' law firm gave the file to another attorney, Sheri Kane...

Excerpt: ...t intend to Deny the motion for summary judgment. The Court intends to Deny summary adjudication of issue (1) "There is no triable issue of material fact on the 1 st or 2 nd causes of action of plaintiff's complaint for premises liability and negligence, as plaintiff's exclusive remedy is recovery through the workers' compensation scheme pursuant to Labor Code section 3602." In undisputed material facts nos. 3‐8, movant MGR ...

Excerpt: ...: Motion to Set Aside Default, 01/12/2018 stolo The Court intends to Grant the motion to set aside the default. There are no "gotchas" and no cheap judgments. Plaintiff indeed filed the request for default at the first moment after the 30 days ran ‐‐ the 1 st court day after Christmas. This all but tripping over the threshold to enter such a default, while allowed by the code is unssemly. 1. Landscape: CCP 473(b) provides a court is e...

Excerpt: ... intends to Deny the motion for leave to file a second amended complaint. The proof of service attached to the motion has not been signed. Regardless, the motion was not timely filed and/or served. CCP § 1005(b). In order to be timely, the motion had to be filed by 1‐18‐18 and mail served by 1‐13‐18. The motion was filed late on 1‐25‐18 and mail served late on 1‐20‐18. Further, the moving papers do not comply with California Rule...

Excerpt: .../05/2018 stolo The Court intends to rule as follows: Compel as to 5, 8, 18, 19, 20, 26, 31, 32, 33. As a general matter, Plaintiff must produce documents even if he believes that Ralphs or its insurance carrier has the documents (5, 18). Defendant is entitled to notes, memoranda regarding the incident (8), correspondence that Plaintiff had with Defendant's representatives (31), correspondence that Plaintiff had with the manufacturer of the ce...

Excerpt: ...r, 01/09/2018 stolo The Court intends to Deny the Motion. CCP §916. The Motion necessarily embraces and would be affected by Plaintiff's appeal from the Court's 1/11/18 Orders. Under section 916 the trial court is divested of subject matter jurisdiction over any matter embraced in or affected by the appeal during the pendency of that appeal. The effect of the appeal is to remove the subject matter of the order from the jurisdiction of th...

Excerpt: ...ts requested by Defendant Melgar, Nos 1 – 3, 7‐11. The Court intends to: 1. SUSTAIN, with leave to amend, Defendant's demurrer to the 2d Cause of Action: Violation of California High Mortgage Law. Plaintiff pleads that the kumquat property was rented to a tenant, taking the property out of the definition of "covered property" for purposes of this law. 2. In all other respects, the demurrer is overruled. CCP § 430.10 (e), (f). ...

Excerpt: ...hiring and supervision because the plaintiff has alleged insufficient facts. While Plaintiff alleges that Moving Party was negligent in hiring Defendant Aguilar, Plaintiff does not allege that Aguilar was working at the time he hit Plaintiff or that driving a truck is part of his job. Plaintiff's counsel to clean up the typographical errors, that includes sticking in the names of entities that are not parties to this action. 2nd amended compl...

Excerpt: .../2017 stolo The Court intends to Deny Respondents Scott and Hillary Lipsig's petition to vacate the January 19, 2017 Arbitration Award, on the ground that the request to vacate the Award is time‐barred because it was (i) not filed within 100 days of service of the Award on Respondents (see Code of Civil Procedure §1288); and (ii) not filed within 10 days of Petitioner K.O. Remodeling, Inc.'s service on Respondents of its petition to co...

Excerpt: ...e motion was not timely mail served per CCP § 1005(b), the Court intends to consider the motion on it's merits as a timely opposition and reply have been filed/served. The Court intends to Deny Defendants' motion to compel further responses to depositions. CCP § 2025.480. The Court intends to Grant Plaintiffs' request for sanctions. CCP § 2025.480(j). The Court intends to award sanctions against defense counsel Jennie Hendrickson i...